| Sahade v Bischoff (No 2) (NSWCA) - costs - indemnity costs - joint offer of compromise not capable of acceptance by individual appellant - indemnity costs refused - costs orders made
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| T & DC Pty Limited v Workforce Clothing Pty Limited (No 2) (NSWSC) - costs - offer of compromise - proportionality - rejection of offer not unreasonable - indemnity costs refused - plaintiff to pay defendant's costs on ordinary basis
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| Krongold Constructions (Aust) v SR & RS Wales (VSC) - security of payments - adjudicator's determination invalid - determination quashed
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| Mad Dogs Pty Ltd (in liq) v Gilligan's Backpackers Hotel & Resort Pty Ltd (No 4) (QSC) - damages - breach of contract - loss of profits - assessment of damages, interest and costs
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| Schneider v Smith (QSC) - damages - negligence - plaintiff injured in motorcycle accident - liability admitted - assessment of damages - judgment for plaintiff in sum of $447,969.94
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Dear Subscriber
1. This Benchmark Television broadcast is with The Hon. Ian Coleman SC on inheritances & contributions in family law with Dasith Vithanage
2. Family law and protecting inheritance. This is our fourth session with Ian. Again it is important and will be of public interest as well. There is more to come - there is no better commentator on family law.
3. For Benchmark CLE subscribers we have prepared notes which we will forward to them at their request.
4. Also for Benchmark CLE subscribers at their request we will forward them an advice notice evidencing when they accessed this production.
5. If you are not a CLE subscriber you can subscribe here: https://benchmarkinc.com.au/cle
6. We also have a series of questions for Benchmark CLE subscribers which we will send to them at their request.
7. We will be in the next few days publishing some productions which are exclusively for Benchmark CLE subscribers.
8. You should watch on Wi-Fi to avoid excess data usage charges.
Warm regards
Alan Conolly for Benchmark
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| The Hon. Ian Coleman SC on inheritances & contributions in family law with Dasith Vithanage |
| Family law and protecting inheritance. This is our fourth session with Ian. Again it is important and will be of public interest as well. There is more to come - there is no better commentator on family law. |
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| Summaries With Link (Five Minute Read) |
Sahade v Bischoff (No 2) [2016] NSWCA 45
Court of Appeal of New South Wales
Basten & Gleeson JJA; Beech-Jones J
Costs - indemnity costs - appellants' appeal unsuccessful - cross-summons seeking leave to cross-appeal dismissed - ss3, 59 & 60 Civil Procedure Act 2005 (NSW) - Pt 52A r 22 Supreme Court Rules 1970 (NSW) - respondents sought indemnity costs on basis of offer of compromise - rr9, 20, 41, 42, 51 Uniform Civil Procedure Rules 2005 (NSW) - held: respondents' joint offer was not capable of acceptance by only one appellant - terms of r42.15A(1) not engaged - same reasoning if offer treated as Calderbank offer - appellants to pay respondents' costs of appeal - cross-applicants to pay the cross-respondents' costs of the cross-summons - parties to pay own costs of costs application.
Sahade |
T & DC Pty Limited v Workforce Clothing Pty Limited (No 2) [2016] NSWSC 239
Supreme Court of New South Wales
McCallum J
Costs - offer of compromise - proportionality - Court dismissed appeal from Local Court decision - defendant sought indemnity costs on basis of Calderbank letter - defendant contended rejection of offer must be assessed with regard to costs likely to be incurred by parties compared with small debt subject of proceedings - ss60 Civil Procedure Act 2005 (NSW) - Local Court Practice Note Civ 1, Part G - proportionality - relationship between disproportionality and unreasonableness of rejection of offer - held: Calderbank letter reflected offer of compromise - Court not persuaded in all circumstances that plaintiff's refusal to accept offer in Calderbank letter was unreasonable - indemnity costs refused - plaintiffs to pay defendant's costs on ordinary basis.
T & DC |
Krongold Constructions (Aust) v SR & RS Wales [2016] VSC 94
Supreme Court of Victoria
Vickery J
Security of payments - plaintiff sought to quash adjudicator's determination under Building and Construction Industry Security of Payment Act 2002 (Vic) that plaintiff required to pay defendant amount of payment claim - held: defendant's notice pursuant to s18(2) served on plaintiff was invalid - Court not satisfied invoices and supporting documentation identified construction work with sufficient clarity or that valuation process which adjudicator adopted met Act's requirements - adjudicator had only part of claim before him so adjudicator not in position to comply with s23(2)(c) - determination quashed.
Krongold |
Mad Dogs Pty Ltd (in liq) v Gilligan's Backpackers Hotel & Resort Pty Ltd (No 4) [2016] QSC 54
Supreme Court of Queensland
Henry J
Damages - contract - breach of contract - Court gave judgment for plaintiff against first defendant - second defendant was successful against plaintiff - determination of damages, interest and costs - loss of profits - future renewal periods - rr681 & 698 Uniform Civil Procedure Rules 1999 (Qld) - held: judgment for plaintiff in amount of $201,357.44 damages and $149,836.13 interest - costs orders made.
Mad Dogs |
Schneider v Smith [2016] QSC 47
Supreme Court of Queensland
McMeekin J
Damages - negligence - plaintiff injured in motorcycle accident - liability admitted - assessment of damages - credit - decision to resign from employment - whether plaintiff suffering from psychiatric disorder which impacted on earning capacity - gratuitous care - preconditions of s59 Civil Liability Act 2003 (Qld) - plaintiff's cannabis use - held: damages assessed - judgment for plaintiff in sum of $447,969.94.
Schneider |
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Poem for Friday (Recitation here by Thomas Hellier)
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I would not paint — a picture — (348)
BY EMILY DICKINSON
I would not paint — a picture —
I'd rather be the One
It's bright impossibility
To dwell — delicious — on —
And wonder how the fingers feel
Whose rare — celestial — stir —
Evokes so sweet a torment —
Such sumptuous — Despair —
I would not talk, like Cornets —
I'd rather be the One
Raised softly to the Ceilings —
And out, and easy on —
Through Villages of Ether —
Myself endued Balloon
By but a lip of Metal —
The pier to my Pontoon —
Nor would I be a Poet —
It's finer — Own the Ear —
Enamored — impotent — content —
The License to revere,
A privilege so awful
What would the Dower be,
Had I the Art to stun myself
With Bolts — of Melody!
EMILY DICKINSON |
